Motion to Compel Compliance
34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 11/21/2023 Hearing on Motion to Compel Compliance in Department 53
Tentative Ruling
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If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporters Office and an official reporter will be provided. TENTATIVE RULING:
34-2022-00314757-CU-DF-GDS: Elite Healthcare Resources LLC vs. Star Nursing Services, Inc. 11/21/2023 Hearing on Motion to Compel Compliance in Department 53
Defendant Star Nursing, Inc.s unopposed motion to compel third party Westview Healthcare Centers compliance with deposition subpoena is granted.
In this action Plaintiff Elite Healthcare Resources, LLC alleges that Defendant defamed it by making misrepresentations to third party healthcare centers, including, Westview Healthcare Center. Defendant seeks to compel Westview Healthcare Center to comply with its subpoena served on March 9, 2023, which seeks records related to the allegations in Plaintiffs second amended complaint. Westview Healthcare Center did not respond to the subpoena or produce the requested documents. Plaintiff did not move to quash the subpoena or object to the subpoena.
The motion is granted. No later than December 21, 2023, or a date agreed upon by the interested parties, Westview Healthcare Center shall respond to the subpoena and produce the requested documents.
Defendants request for sanctions is denied as the notice failed to comply with CCP § 2023.040 which requires that [a] request for sanctions shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanction sought. (CCP § 2023.040.) The notice of motion does not mention sanctions at all.
The minute order is effective immediately. No formal order pursuant to CRC Rule 3.1312 or further notice is required.